Guidance

Family law in Bangladesh

Published 8 April 2026

This is a guide to family law matters in Bangladesh, such as marriage, restitution of conjugal rights, dower (mahr for Muslim women), maintenance, custody and guardianship of children. It contains general information for British nationals residing in, travelling to, or dealing with family or child-related legal matters in Bangladesh.

Family laws in Bangladesh are generally governed by the religious personal laws of the individuals. The personal laws apply based on an individual’s religion, such as:

• Muslim family law
• Hindu family law
• Christian family law

Bangladesh has no uniform civil code that applies to everyone. Therefore, the rights and obligations of spouses, parents, and children can differ subject to one’s religious affiliation.

Family matters are generally dealt with by:

• Family Courts
• District Courts
• Magistrates’ Courts (for certain criminal matters)
• High Court Division of the Supreme Court of Bangladesh (for certain matters)

Court procedures, timelines and outcomes differ from those in the UK. Family Courts generally conduct proceedings in Bangla.

Marriage under Bangladeshi law

Marriage is primarily governed by the religious personal laws of individuals. The minimum legal age for marriage in Bangladesh is 21 years for the groom and 18 years for the bride. Any marriage involving a minor is classified as child marriage and is subject to penalty. However, a marriage conducted in specific circumstances, with court authorisation and the consent of the parents or guardian, may not be treated as an offence. Homosexuality and same sex marriages are not legally recognised in Bangladesh.

Sharia (Muslim) marriages

Muslim marriages in Bangladesh are governed by Shariat rulings and other relevant statutes. A Muslim man can marry a Muslim or an Ahl-e-Kitabia (Christian or Jew) woman. The marriage is typically formalised through a nikah ceremony. The marriage contract (Nikahnama or Kabinnama) sets out key terms, including the amount of dower (mahr, which is to be paid to the bride by the groom), obligations of the husband to provide maintenance to the wife, whether power of divorce has been delegated to the wife (Talaq-e-Tafweez).

Presence of witnesses (two male witnesses or one male and two female witnesses) is mandatory. Courts accept the marriage contract or the testimony of the witnesses as proof of a valid Muslim marriage. Registration of a Muslim marriage is mandatory. However, non-registration does not automatically render the marriage invalid.

Bangladeshi law permits polygamy for Muslim males. The law mandates permission of the arbitration council, an ad-hoc council headed by the Chairman (the Union Parishad Chairman or the Paurashava Chairman or the Mayor or Administrator of the Municipal Corporation or the person appointed by the government in certain areas to discharge the functions of Chairman) and one representative of the husband and the existing wife/wives for such marriages. Failure to abide by this provision is an offence punishable with imprisonment and fine. Such a husband must also pay any outstanding dower (mahr) to his existing wife/wives.  

Hindu marriages

Hindu marriages are largely governed by Hindu personal law, with only limited involvement of statutory rules. Hindu personal law regards marriage as a sacred and lifelong union. While there is a legal framework that allows Hindu marriages to be registered, such registration remains optional rather than compulsory.

Hindu personal law does not provide any formal process for dissolving a marriage. However, there are legal provisions that allow a Hindu wife, under certain qualifying conditions, to seek separate residence and claim maintenance from her husband.

Christian marriages

Christian marriages in Bangladesh are overseen through procedures that allow authorised ministers or designated marriage registrars to solemnise the ceremony and officially record the marriage.

Inter-faith/civil marriages

Although Bangladesh does not have a uniform civil code, there is a secular legal mechanism that allows individuals of different religions to marry without requiring either party to change their faith. However, this option is restricted and does not extend to persons who identify as Christian, Jewish, Muslim, or Parsi. Only those outside these communities can use this system to enter into a civil, non‑religious marriage.

Some recognised religious groups, like Muslims or Christians, must formally renounce their religious identity to marry under this Act.

Marriages solemnised under this law have formal notice requirements and and should be registered. This law is relevant for interfaith couples, including British nationals, as marriages solemnised under this law are not governed by the religious personal laws of either party.

The choice of legal framework for marriage (religious or secular) has significant legal implications on dissolution of marriage, maintenance of spouse, inheritance, and child-related (guardianship and custody of minors) matters.

Registration of marriage

Marriage registration requirements vary depending on religion:

• Muslim marriages should be registered with a local marriage registrar (Kazi) during or after the marriage
• Christian and inter-faith marriages should be registered under the relevant laws at the time of the marriage
• registration of Hindu marriages is optional

Non-registration of marriages makes it challenging to prove their validity. Consequently, parties face difficulties while substantiating their claims in legal disputes, such as those related to dissolution of marriage, maintenance, or inheritance.

Marriage involving a British national

A marriage lawfully conducted in Bangladesh may be recognised in the UK if it meets UK legal requirements. Seek legal advice on formal recognition in UK, particularly if you plan to rely on your marriage for immigration, inheritance, or family proceedings in the UK. Formal registration of marriage in Bangladesh helps in proving the validity of the marriage outside Bangladesh. For further information, read Getting married or registering a civil partnership abroad.

The British High Commission is not authorised to solemnise marriages in Bangladesh and cannot provide legal advice on the validity of a marriage.

Divorce, separation and dissolution of marriage

Divorce, separation and dissolution of marriage laws in Bangladesh differ significantly based on the religious laws of the parties or the law under which the marriage was contracted and registered. Separation does not automatically dissolve a marriage in Bangladesh. Thus, parties may live separately but remain legally married until formal dissolution occurs.

Divorce under Muslim law

Muslim divorces follow established religious principles and formal administrative procedures. A marriage may be dissolved in several ways, including:

• divorce initiated by the husband
• divorce initiated by the wife, provided she has been granted the authority to do so
• divorce by mutual agreement
• divorce granted through a Family Court

To complete the process, both parties must comply with the required procedural steps, which include:

• submitting a written notice to the local authority and informing the other spouse
• forming an arbitration council, chaired by the relevant local representative and in presence of one nominee from each side
• observing a mandatory reconciliation period of 90 days

If reconciliation does not occur within this period, the marriage is considered dissolved. Failure to follow these prescribed procedures can affect the legal validity of the divorce.

Divorce under Hindu law

Hindu marriages do not have a formal legal system for divorce. Because there is no statutory process for dissolving such marriages, a Hindu wife may seek separation through the provisions that allow her to live apart from her husband and receive maintenance when certain qualifying circumstances exist.

Divorce under Christian law

For Christian marriages in Bangladesh, dissolution requires a decree from the District Court or the High Court Division on specific legal grounds.

Divorce obtained outside Bangladesh

A divorce granted in another country is not always automatically accepted in Bangladesh. Whether it is recognised depends on issues like how the divorce was obtained, whether the court had proper authority, and whether the process aligns with Bangladeshi legal standards.

Foreign divorce orders can be difficult to enforce, and some, especially one‑sided or unilateral divorces, may not be accepted at all in Bangladesh.

If you have already obtained a divorce abroad, or are considering doing so, it is important to seek legal advice to understand how it may be treated in Bangladesh.

Financial matters before and after dissolution

Maintenance and financial support

Financial support during subsistence of marriage and after dissolution depends upon the religion of the wife, the law governing the marriage, and the circumstances of the case.

Maintenance in Muslim marriage

In Muslim marriages, a husband has a fundamental obligation to provide maintenance for his wife. This support includes necessities such as food, clothing, shelter, and medical care. A wife may be denied maintenance only on specific grounds recognised under Muslim family law.

After divorce, a Muslim wife is entitled to maintenance for a limited period, generally up to 90 days following the dissolution of the marriage.

A Muslim wife may seek maintenance from her husband through both administrative and judicial processes.

Family Courts can order maintenance for children. Applying principles of Muslim personal law and considering the best interests of the child, these courts typically require Muslim fathers to provide maintenance for their son/s until they reach adulthood (18 years) and their daughter/s until they get married.

Maintenance in Hindu marriage

Hindu women in Bangladesh may claim maintenance from their husbands after separation, but only when specific qualifying circumstances are met.

Maintenance in Christian and inter-faith marriages

Courts in Bangladesh can order Christian husbands and husbands in inter-faith marriages to provide alimony to their wives after the marriage is dissolved, with payments continuing for the wife’s lifetime.

Dower (Mahr)

In Muslim marriages, dower (mahr) is a sum of money or property (movable or immovable), which the husband promises to pay the wife as a token of respect to her. It may be payable immediately, upon demand, or deferred till the dissolution of the marriage. Enforcement depends on the stipulation in the marriage contract and the nature of the marriage and dissolution. A wife can take legal action against the husband in the Family Court to recover her outstanding dower.

Property rights

Generally, Bangladeshi law does not recognise the concept of shared marital property. Ownership usually depends on whose name the property is registered in. There can be co-ownership of property if a property is registered under the names of both the husband and the wife. This can have significant implications following divorce.

Children and parental responsibility

Parental responsibility

The concept of parental responsibility in Bangladesh differs from that in the UK. Rights and responsibilities relating to children are influenced by religious personal laws of the parties, relevant statutory provisions in Bangladesh, and established court practices.

Custody and guardianship

Bangladeshi law distinguishes between custody and guardianship:

• custody refers to regular care of a child
• guardianship refers to the legal authority to make decisions about a child’s care, their property, or both

Custody and guardianship in Muslim family

Muslim personal law considers fathers as the natural guardians of children. Mothers may retain custody of their minor children, subject to age and gender considerations.  Mothers generally have custody of their minor sons until they are 7 years old, and minor daughters until their puberty, after which fathers assume custody. Courts generally make decisions based on the welfare and best interests of the child.

Custody and guardianship in Hindu family

Under Hindu personal law, fathers are traditionally regarded as the natural guardians of their children. Mothers may obtain custody when the children are very young or when the father is absent or deemed unsuitable by the court. Although there is no comprehensive codified framework in this area, recent court decisions increasingly prioritise the overall welfare and best interests of the child when determining custody and guardianship arrangements.

Custody and guardianship in Christian family

In Christian families in Bangladesh, courts have the authority to award custody of children to either parent, depending on what is considered most suitable for the child’s welfare. These provisions also extend to interfaith marriages and apply to children born within such unions.

However, in all such cases, the welfare of the minor, is of paramount importance. Courts may depart from the usual religious personal laws of the parties on the question of the welfare of a minor.

Child maintenance

Bangladeshi laws require parents (usually the father) to provide financial support for their children. Hence, fathers are generally appointed as guardians of their minor children. A mother can file a suit against the father of their child before Bangladeshi Family Courts for the child’s maintenance. However, the enforcement of child maintenance orders from Family Courts can be challenging.

International child abduction

Bangladesh is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. Thus, there is no automatic international legal mechanism for the return of a child who has been removed from or retained in Bangladesh. For a child taken away from the custody of a parent, the aggrieved parent’s legal remedy is to file a custody suit before the relevant Bangladeshi Family Court.

The British High Commission cannot secure the return of a child or intervene in court proceedings.

Adoption and fostering

Formal adoption is not recognised under Muslim personal law, and there is no comprehensive adoption system in national legislation. Within Hindu personal traditions, limited customary forms of adoption exist, but these are not equivalent to a full legal adoption process.

Because of the lack of a unified adoption framework, guardianship is the arrangement most commonly used. Under the country’s child protection and guardianship systems, courts and relevant authorities have the power to place a child in the care of a suitable person or family. This process functions as the closest available alternative to adoption or fostering. Decisions are always made with the best interests of the individual child as the primary consideration.

Children placed under guardianship in Bangladesh may not be recognised as legally adopted by UK authorities. If you are considering adoption or guardianship involving Bangladesh, you should seek legal advice in both Bangladesh and the UK to understand the implications and requirements fully.

Inheritance and succession

Inheritance laws

Inheritance for Muslim and Hindu families is determined mainly by their respective religious personal laws. For Christian and interfaith families, inheritance matters are handled under a general civil inheritance system rather than religious rules. As a result, the way assets are distributed in Bangladesh can differ greatly from inheritance practices in the UK.

Wills

The legal framework for making a will generally follows a civil inheritance system, while Muslim and Hindu personal laws continue to determine the substantive rights and limits on how assets may be distributed. Cross‑border inheritance matters can be complicated, especially when assets or beneficiaries are located in different countries.

If you own property or have financial interests in Bangladesh, it is advisable to seek legal advice on estate planning to ensure your wishes are properly protected and recognised in all relevant jurisdictions.

Domestic violence and protection

Bangladesh has dedicated laws to address domestic violence, providing legal protection and remedies for individuals facing physical, emotional, sexual, or economic abuse. These measures include the ability to obtain protection orders and other forms of support to ensure the safety and wellbeing of those affected.

If you are facing domestic abuse, seek immediate help from local authorities and legal professionals. In Bangladesh, the primary emergency contact is the National Emergency Service: 999. For legal support, you can access the nationwide legal aid hotline: 16699 managed by the National Legal Aid Services Organization.

Disclaimer

This guide is intended for general information only and should not be considered legal advice. It provides a non‑official summary of selected provisions from various Bangladeshi laws relating to family matters. Legal requirements and procedures in Bangladesh may change, and interpretations may vary.

The British High Commission does not assume or undertake any legal responsibility or liability, to you, or those affected, in connection with this information. For all legal matters, you should get legal advice from qualified practitioners.